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Sonflowrr73 Asked August 2015

Will my Mother be able to make health or financial decisions for my Father if he has made my uncle the POA?

In the last couple of years, my mother and father live in the same household, but have a strained marriage off and on over the last ten years. My father in the last decade has battled diabetes and recently, he became a dialysis patient. Recently, he left my mom to live with my uncle. He has named my uncle as the POA and my mom is very upset. They have been married for 50 years, in a community property state.

Guestshopadmin Aug 2015
Son, please remember in community property state Dad can run up credit card bills or set up credit that your Mom can be held liable for after death if they are still legally married. Get thee to a lawyer FAST like Igloo says. Uncle will not be likely to use his own funds to care for his brother, and any bank accounts, etc. held in both names may get emptied out before your mother knows about it.

igloo572 Aug 2015
Your mom needs solid legal advise & ASAP, she needs to do whatever to get financial support ensured from dad and getting her share & more of their assets. Being separated may not do that. Really she needs a good attorney.

If dad has just started dialysis, well that seems to be very very time consuming for all. If dad is bad diabetic - like brittle, insulin dependent, having vision & circulation issues - plus newly needing dialysis, his care plan is going to be a lot of hard work if he is compliant and health conscious. If he is not, it's likely to be hellish. I'd be concerned that uncle becomes less enchanted with his brother over time but long enough to decrease dads assets before dad goes back to mom even older & more debilitated and poorer and even less nice.

So what do you think would be best for your mom? If dad is not a nice & fair person, do you & your siblings have the ability to tell dad this? And back your mom to do the plan the attorney suggests?

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